REPRESENTATIVE CASES

Kruger Products Ltd. v. First Choice Logistics Inc. et al, 

2013 BCCA 3 

Subject: Commercial law — Bailment — Insurance — Duties of bailee — Storage and warehousing — Appeal by defendants from judgment awarded in favour of plaintiff allowed — Plaintiff stored paper products in warehouse operated by defendant FCL — Warehouse destroyed by fire after paper debris was ignited by forklift — Trial judge did not err in determining cause of fire — Trial judge erred in finding subrogated claim against FCL was not barred by application of insurance provisions in warehousing agreement — FCL had insurable interest in property given exposure to liability under agreement — Express wording that insurance was primary coverage was intended for FCL's benefit and strengthened its case for tort immunity.

Grieg Shipping A/S v. Dubai Fortune (Ship), 

2012 FC 110 (CanLII)

Acted as lead counsel in defending the Plaintiff’s appeal of the trial judgment dismissing its claim in its entirety. 

Maritime and admiralty law — Navigation and marine damage — Liability — Shipowner — Civil liability — Tort — Navigation negligence — Anchoring — Collision with stationary ship — Negligence — Action by owner of struck ship for damages for negligence dismissed — Tug struck moored ship while assisting in berthing of ship under compulsory pilotage — Owner of struck ship claimed that owner of ship being birthed was vicariously liable — Owner of struck ship did not make out control test — Evidence of pilots and tugmasters involved in berthing was that pilots gave no orders to tugmaster of tug and only general orders to tugmasters of assist tugs.

Kotai v. Queen of the North (Ship), 2010 BCSC 1180

McDonald v. Queen of the North (Ship), 2008 BCSC 1777

Supreme Court of British Columbia: Subject: Class Action; Fatal Accidents; Athens Convention: Availability of Punitive Damages; Damages for Psychological Damage and post Traumatic Stress; Related Action deals with Aboriginal Title to Sub Tidal lands.

Mercury Launch & Tug v. Texada Quarrying Ltd.,

 2006 FC 464

Subject: Property; Contracts; Public; Personal property — Bailment and warehousing — Bailment distinguished from other relationships — Miscellaneous; Maritime and admiralty law — Harbours and docks — Duty towards users.

Matson Navigation Co. v. Victoria Shipyards Co., 

2001 BCSC 1344

 Subject: Duty of shipyard; Negligence; Standard of seamanship.